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HomeMy WebLinkAbout1996-06-25 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES 1 REGULAR MEETING JUNE 25, 1996 7:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: ACTION: 1. SUBDIVISION AND WETLANDS APPLICATION FOR THE NEUMAN PROPERTY ON HILLANDALE ROAD. RESOLUTIONS• 2. RESOLUTION APPROVING THE COURT ORDERED SETTLEMENT STIPULATION AND AUTHORIZING PAYMENT OF THE CERTIORARI TAX REFUND TO SOUND FEDERAL SAVINGS & LOAN ASSOCIATION. 3. K& M REALTY'S BOWMAN AVENUE DEVELOPMENT SITE PLAN AND WETLANDS APPLICATION RE: POSITIVE DECLARATION UNDER NY SEQRA. 4. RESOLUTION AUTHORIZING PARTICIPATION BY NON-UNION EMPLOYEES OF THE VILLAGE OF RYE BROOK UNDER SECTION 41(j) OF THE NEW YORK STATE CIVIL SERVICE LAW TO APPLY ACCUMULATED SICK TIME TO THE NEW YORK STATE RETIREMENT SYSTEM. 5. RESOLUTION AMENDING THE NON-UNION BENEFITS AND PERSONNEL POLICY MANUAL. 6. RESOLUTION AUTHORIZING EXTENSION OF THE AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE TOWN OF RYE FOR THE LEASE OF THE HIGHWAY GARAGE BUILDING. 7. RESOLUTION ADOPTING AS POLICY THE RULES AND REGULATIONS GOVERNING THE VILLAGE OF RYE BROOK'S AUXILIARY POLICE. 8. AMENDING §240-19.1 OF THE RYE BROOK VILLAGE CODE ON VEHICLES AND TRAFFIC TO ADD WEST STREET TO THE LIST OF STREETS "PARKING PROHIBITED CERTAIN HOURS." 16 AGENDA JUNE 25, 1996 PAGE TWO 19. CHECK REGISTER i DISCUSSION: 10. PINE RIDGE PARK IMPROVEMENTS. 11. UPDATING AND CLARIFYING STREET OPENING REPAIR PROCEDURES. WRITTEN COMMUNICATIONS: 12. MICHAEL I. STOLZAR RE: ON BEHALF OF THE AMERICAN RED CROSS, REQUESTING PERMISSION TO HOLD THE FIFTH ANNUAL AMERICAN RED CROSS THANKSGIVING DAY TURKEY TROT. 13. WILLIAM L. WENDLANDT,ASSESSOR RE: VILLAGE OF RYE BROOK REDUCTION OF SPECIAL FRANCHISE ASSESSMENTS BY THE NEW YORK STATE BOARD OF REAL PROPERTY SERVICES. NEXT MEETING DATES: AGENDA MEETING JULY 9, 1996 REGULAR MEETING JULY 23, 1996 17 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JUNE 25, 1996 CONVENE MEETING The Meeting was called to order at 7:35 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator Richard C. Slingerland Secretary to the Village Board Lisa B. Marinaccio Superintendent of Parks& Recreation Thomas Hroncich Police Chief Robert Santoro Fire Chief William Dee McCluskey Village Treasurer Joseph Cortese Village Planning Consultant Christian Miller PUBLIC HEARINGS: 1. SUBDIVISION AND WETLANDS APPLICATION FOR THE NEUMAN PROPERTY ON HILLANDALE ROAD: Mr. William Maker, Jr., Attorney for the Applicants, came forward and announced the two applicants/partners for the project, Larry Rand and Michael Neuman. Mr. Maker added that Mr. Ralph Mastromonaco, Engineer for the Applicants, was also present and would present the subdivision aspects of the application as well as the mitigation measures that the applicants had taken in order to comply with the wetlands ordinance of the Village. Mr. Mastromonaco submitted to the Village Clerk return receipts proving that he had mailed out the proper notices to the surrounding neighbors of the subject site. He also distributed to the Board Members a mitigation plan for the wetlands application as well as a letter and a report he had prepared in response to the comments made in the Village's Planning Consultants report. Mr. Mastromonaco reported that he had prepared two alternatives on the mitigation plan, and that the applicant U0616al June 25, 1996 preferred Alternate A, which was displayed. Mr. Mastromonaco pointed to the plan and conveyed that the property is heavily vegetated along the stream. The plan included trees in the buffer zone along Hillandale which would compensate for the loss of the buffer zone. The plan indicated a limited disturbance line on the lot that would be staked out during construction. It would eventually become a permanent "no-disturbance" line on the plat, indicating that the area could never be disturbed without a permit from the Village. The applicant's also provided wetlands protection and drainage easements over the stream allowing the Village maintenance access to the subject property, even though most maintenance would be the homeowner's responsibility. Mr. Mastromonaco indicated on the plan that the stream would not be disturbed at all. He said that the primary function of the wetland is simply to convey water over that portion of the property because it contains a secondary wildlife function. He concluded his presentation. Mayor Cresenzi invited comment on the application. Mr. Miller explained that the Village's wetlands ordinance requires enhancement for disturbed buffer areas on a two to one ratio, which means that every area identified as being disturbed requires an additional area within the buffer to be enhanced. He expressed that enhancement means a variety of things. In this case, the applicant has proposed additional vegetation and limited disturbance in certain areas. He mentioned that he would still have to look into that aspect of the plan because a revised mitigation plan was just submitted at this meeting. Mrs. Rosemary DiLallo, 22 Hillandale Road, came forward with questions on the project. She asked if the wetlands ordinance states"enhancement" not"replacement" of the buffer area. Mr. Miller replied, "Yes." Mr. Miller then read the relevant portion of the wetlands ordinance. Mrs. DiLallo asked how this project is environmentally sound. Mr. Miller reported that there are environmental considerations being examined in the site plan review process. He announced that a final determination has not been made, but if the project is ,approved it will be in a form that is environmentally sound. Mrs. DiLallo noted that her 91-year-old neighbor, Mrs. Lillian Scoffield, wanted to attend this hearing, but could not because of health problems, thus Mrs. DiLallo communicated Mrs. Scofield's opposition to the proposed project. She also stated her own opposition to this project, based mainly on the proximity of the proposed homes to the stream. She doubted if the project could ever be sufficiently revised to make it environmentally sound. Mrs. DiLallo noted the wildlife on the subject site, and said she had seen pheasants and rabbits living there, as well as a fox traversing the area. Mr. Mastromonaco stated that there applicant isnot planning any improvement to the area she was discussing. Ms. DiLallo asked about the proposed trees. Mr. Mastromonaco explained the trees would be planted along Hillandale Road. Trustee Strum brought up the wetlands issue and asked Mr. Mastromonaco about the project's compliance with the Subdivision and Zoning Code Regulations. He suggested that Mr. Mastromonaco go through the issues of minimum lot size, frontage, width and the provisions of the Subdivision Code which are in addition to the Zoning Code provisions. Mr. Miller mentioned that the proposal does comply with the Zoning Code. The lot area calculations which are not shown on the submitted plan, comply with the minimum frontage requirement shown on the plan as 65 feet along Hillandale Road. Trustee Strum asked what the frontage of Lot#2 was, in accordance with the submitted plan. Mr. Miller replied, "65 feet." Mr. Miller explained that the minimum lot width requirement was replaced by two other requirements --the horizontal circle requirement and the minimum frontage requirement. Trustee Strum touched on a requirement of the Subdivision Regulations that dealt with lot lines and their relationship to the street. Chapter 219-33 (C2) "Lot lines shall generally be at right angles to the street lines or radial to curving street lines, unless the Board of Trustees allows a variation of this rule." Trustee Strum asked for the angle of the lot line between Lot #1 and#2 in relation to the street. Mr. Miller, answered "I don't know the angle exactly, but it is not a right angle." Mr. 2 006164 June 25, 1996 Mastromonaco pointed to the street on the plan. Both Trustee Strum and Trustee Pellino disagreed with Mr. Mastromonaco, stating that the street should be Hillandale Road. Mr. Miller explained that for the purpose of the Subdivision Regulations and the Zoning Code, the street is Hillandale Road. Trustee Strum wanted to know if this issue was discussed at the Planning Board meetings. Mr. Miller reported that there was discussion at the Planning Board regarding whether the lot in question complied with the objective requirements of the Zoning Law and Subdivision Regulations. Trustee Strum asked Mr. Mastromonaco if he agreed that the lot line in question was less than a 45 degree angle. Mr. Mastromonaco communicated that technically if the Board did not like that lot line, it could be re-drawn to go out another ten feet and made perpendicular. Trustee Strum questioned whether that would be in the spirit of the law. Trustee Pellino mentioned that the drawing (Alternate A) as presented raised a question with regard to the Subdivision Regulations. If it were drawn as mentioned earlier by Mr. Mastromonaco, it would present a Zoning problem with the frontage requirement. Mr. Mastromonaco disagreed. Trustee Pellino was concerned because the applicant did not provide a tree preservation plan, since the proposed lot is within the buffer zone of a wetland. He conveyed that the wetland and watercourse regulations require that the proposal must comply with the Tree Preservation Ordinance. He asked if the Planning Board had discussed what trees, if any, would be preserved. Mr. Miller reported that the Planning Board did not specifically review the trees within the context of the Tree Preservation Ordinance. Trustee Pellino felt the issue should be addressed so that the application will comply with the wetlands and watercourse ordinance to ensure that tree preservation would be accomplished under the terms and conditions of the Tree Preservation Ordinance. Trustee Pellino brought up that the site in its current condition (with a stream,) may have been part of the subject of the recent E.P.A. investigations that have been going on over the last several years with respect to the mercury contamination. He reported that the$.P.A. was back and wanted to know what, if any, impacts the applicant and his consultants foresee in terms of dealing with the mercury situation. He felt that the proposed construction might disturb the stream to the extent that it could develop a problem in conjunction with the E.P.A. action. Mr. Mastromonaco reiterated that there would not be any disturbance to the stream. The stream and its borders would not be touched during the proposed construction. Mr. Mastromonaco pointed out that if the E.P.A. or the Village wished, they would have the right to access the stream for purposes of taking samples, etc. Trustee Strum asked what percentage of the proposed Lot#1 lies within the watercourse. Mr. Mastromonaco replied that he did not have that information at the time. Trustee Strum asked what percentage of Lot #1 lies within the buffer. Mr. Mastromonaco reported about 80 percent. Mr. Miller explained that the idea of the Village's wetlands ordinance is to preserve 100 foot buffers around the wetlands recognizing that those buffer areas would serve as functions to improve the wetland areas. He declared that the ordinance also recognizes that those areas will be developed and regulated activities such as construction or other disturbances will occur within the 100 foot buffer. Ultimately the issue becomes whether the applicant can demonstrate that the proposed disturbances do not effect the functions of the wetland. Mr. Kenneth Heller, 22 Lincoln Avenue, approached to express his concern with respect to the steepness of the slope, since debris would flow into the stream during construction. Mr. Heller suggested that the buffer zone be indicated on the subdivision plat to ensure that there would be no disturbance in the area. He pointed out that there will three homes using the right-of-way which he felt would be a problem because the width of the right-of- way would be insufficient to accommodate all three proposed homes and emergency vehicles. He added that the electrical easement was displayed as a line against one of the proposed house's line which would require some consideration as to how the electrical easement would be relocated for the two homes being proposed at the rear of the site. 3 00416b June 25, 1996 Mr. Miller communicated that the applicant has been asked to submit the proposal to the fire department and there has not been a report from them to date. The utility easement has also been discussed and he has the impression that the location was adequate. Trustee Zuckerman mentioned that the site contained a very steep slope in practically every direction going down from Hillandale Road as well as near the stream. He suggested that a permanent retaining wall be installed. Mr. Mastromonaco pointed out that was not a code requirement. Trustee Zuckerman brought up the mercury problem and asked if any readings had been taken on the area other than the stream. Mr. Mnstromonaco answered, no. Trustee Zuckerman said that it would be a good idea to get some type of a reading in the area of the proposed construction. Administrator Russo said that he had a conversation with the applicants in which he recommended that get First Environment to test the area of the proposed construction so that the Planning Consultant could review and report back to the Board for their information and consideration of this proposal. Mr. Michael Neuman came forward and introduced himself as one of the partners. He indicated that when the mercury problem arose approximate five years ago, he was notified that the E.P.A. would be testing his property. At that time, their center of attention was the watercourse. He was led to believe that they never needed to test anywhere else on the property. Trustee Strum communicated that Mrs. Watson, an adjoining homeowner, was present at the last meeting and could not attend this evening. However, she had sent a letter dated June 6, 1996. Mayor Cresenzi reported that when the hearing date was set at the last meeting, he had stated publicly that the Board would not close the hearing this evening. This application would be held over until the next Board meeting. Mayor Cresenzi asked for a motion to adjourn the public hearing until July 23, 1996. On the motion of Trustee Strum, seconded by Trustee Tunis, the public hearing was adjourned at 8:20 p.m., The Board unanimously agreed to adjourn the hearing. Mayor Cresenzi announced he would take the agenda out of order. The next item to be discussed was the Pine Ridge Park playground equipment. DISCUSSION: 10. PINE RIDGE PARK IMPROVEMENTS: Mr. Thomas Hroncich, Superintendent of Parks& Recreation, distributed a plan displaying the proposed improvements to Pine Ridge Park. He reported that a committee was formed consisting of residents with respect to the proposed improvements. The equipment being considered is approximately 64 X 81 feet, and the original playground was 40 X 69 feet. He reported that the plan would extend out an additional 12 feet toward the street. Mr. Hroncich communicated that the Committee felt that with the number children who live in the area, the types of playgrounds in other Rye Brook parks would not service the needs of the residents. He conveyed that many young children use this park, and that this particular playground equipment has a section for children aged two to five years old. Mr. Hroncich pointed to a section of the playground equipment that will serve children from the ages of five to twelve years old, which is the age children usually stop playing on playgrounds. He added that this playground has the ability to allow as many as 40 to 50 children to play at one time, while the existing playground only accommodates approximately 12 to 15 children at once. He stated that Pine Ridge Park is the main park facility in the Community, and that it is used by a large number of people each and every day throughout the Spring, Fall and Summer seasons. Mr. Hroncich told the Board that the surfacing will be sand with matting to allow access to the handicapped. The playground complies with the requirements of the Americans with Disabilities Act. Another feature of the playground is that it requires very low maintenance in comparison to the maintenance that is required for the existing wood playground equipment. The new playground will be constructed of galvanized steel. He reported that it is expected to last for many years with 4 0061.66 June 25, 1996 minimal maintenance. Trustee Steam inquired about the surface of the new playground with respect to cleaning graffiti if necessary. Mr. Hroncich explained that in general, graffiti is not much of a problem, but if someone were to vandalize the new playground, it would be much easier to clean than wood. Trustee Strum asked how long installation would take. Mr. Hroncich replied that it normally takes approximately five weeks to order the equipment and approximately three weeks to install it, after the Highway Department removes the existing equipment. Trustee Strum asked if the existing equipment had any monetary value. Mr. Hroncich communicated that there is no particular use for the existing equipment that he knew of. It will be discarded. Trustee Tunis complimented the Recreation and Parks Department and the Advisory Council on Recreation and Parks and brought the letters that were received from the residents who support this new playground installation. She conveyed that it was wonderful how the Committee involved the interested residents in the community by having them go to other playgrounds in neighboring communities to research what would be appropriate for this park. She added that the Recreation Department's response was expeditious and professional. Trustee Tunis expressed her support of the project. Mr. Hroncich concluded his presentation on the playground, but requested the opportunity to show the Board the Olympic Torch he had carried in the Olympic relay. Mr. Hroncich passed the torch to the Board members. Mayor Cresenzi announced that the Board would continue its review at the July 23, 1996 Meeting on the project expenditures. The Board unanimously agreed to carry this subject to a future meeting. RESOLUTIONS: 2. RESOLUTION APPROVING THE COURT ORDERED SETTLEMENT STIPULATION AND AUTHORIZING PAYMENT OF THE CERTIORARI TAX REFUND TO SOUND FEDERAL SAVINGS & LOAN ASSOCIATION: On the Motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPROVING STIPULATION OF SETTLEMENT OF CERTIORARI SUIT AND APPROVING THE REFUND OF TAXES TO THE SOUND FEDERAL SAVINGS AND LOAN ASSOCIATION SECTION 1, BLOCK 24, LOT 1A, LOT 1B AND LOT 22 115 SOUTH RIDGE STREET RESOLVED, that the Village of Rye Brook is authorized to settle the certiorari suit with Sound Federal Savings and Loan v. Village of Rye Brook, Index No's 16422/91, 08492/92, 07950/93, 07191/94 and 06016/95, in accordance with the consent judgement recommended by special counsel in a letter dated May 24, 1996, which will reduce and correct assessments on the tax lots Section 1, Block 24, Lots IA, 1B, 22 as follows: 5 00016 I June 25, 1996 Section 1, Block 24, Lot IA: Assessment Assessed Valuation Amount of Amount of Year Reduced From Reduced To Reduction Refund 1991 $50,000 $15,750 $34,250 $ 2,783.16 1992 $50,000 $12,100 $37,900 $ 3,075.59 1993 $50,000 $12,400 $37,600 $ 3,270.07 1994 $50,000 $12,500 $37,500 $ 3,484.50 1995 $40,000 $12,450 $27,550 $ 2,822.77 Net Total: $15,436.09 Section 1, Block 24, Lot 1B: Assessment Assessed Valuation Amount of Amount of Year Reduced From Reduced To Reduction Refund 1991 $ 7,100 $ 6,600 $ 500 $ 40.63 1992 $ 7,100 $ 6,600 $ 500 $ 40.58 1993 $ 7,100 $ 6,600 $ 500 $ 43.49 1994 $ 7,100 $ 6,600 $ 500 $ 46.46 1995 $ 7,100 $ 6,600 $ 500 $ 51.23 Net Total: $ 222.39 Section 1, Block 24, Lot 22: Assessment Assessed Valuation Amount of Amount of Year Reduced From Reduced To Reduction Refund 1991 $12,000 $ 7,000 $ 5,000 $ 406.30 1992 $12,000 $ 7,000 $ 5,000 $ 405.75 1993 $12,000 $ 7,000 $ 5,000 $ 434.85 1994 $12,000 $ 7,000 $ 5,000 $ 464.60 1995 $12,000 $ 7,000 $ 5,000 $ 512.30 Net Total: $ 2,223.80 Gross Refund Total = $17,882.28 and be it; FURTHER RESOLVED, that the tax refunds shall be paid as provided in the revised consent agreement; and be it FURTHER RESOLVED, that Special Counsel Mark S. Tulis is authorized to execute and deliver on behalf of the Village all documents necessary and/or appropriate to accomplish the purposes of this Resolution. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. K & M REALTY'S BOWMAN AVENUE DEVELOPMENT SITE PLAN AND WETLANDS APPLICATION - RE: POSITIVE DECLARATION UNDER NY SEORA: 6 00(at;8 une 25, 1996 j Attorney Powell said that it would be appropriate to schedule a Scoping Session for the next Board meeting. Mr. Miller explained that under the new SEQRA regulations the sponsor is supposed to initiate the scope, and i there has not been an indication as to whether the applicant is ready for a scoping session. Attorney Powell explained the reason for his comment was that a scoping session date should be established as soon as possible. He explained that between now and the meeting in July, the applicant should be ready to submit a draft scope. On the motion of Trustee Strum, seconded by Trustee Tunis, the Board agreed unanimously to schedule a public scoping session on the K& M Realty, Bowman Avenue Development on July 23, 1996. Administrator Russo expressed that it should be noted, because the resolution indicates the Planning Board recommended a negative SEQR declaration, that they did not have the benefit of the substantial amount of information brought forward by the City of Rye. Trustee Strum stated that he would have voted for a positive declaration even if the City of Rye had not come forward. Mr. Fred Zepf of the City of Rye approached the Board and expressed his appreciation to the Board for taking into consideration the concerns raised by the City of Rye. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was hereby adopted as amended: RESOLUTION K & M REALTY BOWMAN AVENUE DEVELOPMENT SITE PLAN AND WETLANDS POSITIVE SEQR DECLARATION WHEREAS, K& M Realty submitted site plan and wetlands applications to develop residential and retail uses on a 4.039 acre site (1.672 acres water) adjacent to the Blind Brook, which is tributary to Long Island Sound; and WHEREAS, in January of 1996, the Planning Board, among other things, conditionally recommended issuance of negative declaration for the action, and in February of 1996, members of the Advisory Council on Environmental Conservation recommended the issuance of a positive declaration for the action; and WHEREAS, for the purpose of determining whether or not to require the preparation of a DEIS, the Village Board has, among other things, made an independent review of the EAF and the record and has heard presentations on behalf of K&M Realty and by members of the Advisory Council on Environmental Conservation; and WHEREAS, the Village Board is familiar with the site from its previous review of a prior development application made by K & M Realty as to which the Village Board issued a positive declaration under SEQR; and WHEREAS, the accompanying positive declaration dated April 23, 1996 and attachment embodies the Village Board's reasons for its determination. 7 006 16.9 June 25, 1996 NOW, THEREFORE, BE IT RESOLVED, that the accompanying positive declaration dated April 23, 1996 be and hereby is adopted under the State Environmental Quality Review Act. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4. RESOLUTION AUTHORIZING PARTICIPATION BY NON-UNION EMPLOYEES OF THE VILLAGE OF RYE BROOK UNDER SECTION 41(i) OF THE NEW YORK STATE CIVIL SERVICE LAW TO APPLY ACCUMULATED SICK TIME TO THE NEW YORK STATE RETIREMENT SYSTEM: On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was hereby adopted as amended: RESOLUTION AUTHORIZING NON-UNION EMPLOYEES OF THE VILLAGE OF RYE BROOK TO PARTICIPATE UNDER SECTION 410) OF THE NEW YORK STATE RETIREMENT SYSTEM AND SOCIAL SECURITY LAW AND APPLY ACCUMULATED SICK TIME THE NEW YORK STATE RETIREMENT SYSTEM WHEREAS, under Subdivision 0) of Section 41 of the Retirement and Social Security Law allows a participating employer to elect to provide additional service credit towards retirement for its employees who are entitled to accumulate sick leave, applicable to employees in all tiers of membership in the State Retirement System; and WHEREAS, the additional service credit allowed under subdivision 0) is one hundred sixty-five (165) days, such credit applicable on a calendar day basis(i.e. 30 days= 1 month); and WHEREAS, members who receive a cash payment based on their accumulated sick leave at retirement are not eligible for the additional service credit, and such payments for unused sick leave cannot be considered in the calculation of a member's final average salary; and WHEREAS, to provide this benefit the Village of Rye Brook must file a Resolution with the Retirement System attesting to the election of this benefit for employees who are members of the Retirement System. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook does hereby elect to provide the additional pension benefits of Section 410) of the Retirement and Social Security Law, as presently or hereafter amended; and BE IT FURTHER RESOLVED that this Resolution shall be effective immediately. 8 006170 June 25, 1996 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5. RESOLUTION AMENDING THE NON-UNION BENEFITS AND PERSONNEL POLICY MANUAL: On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION AMENDMENTS TO THE NON-UNION EMPLOYEE BENEFITS AND POLICIES PACKAGE RESOLVED, that the Village of Rye Brook's Employee Benefits and Policies Package adopted by the Village of Rye Brook Board of Trustees on September 27, 1988 and amended on June 26, 1990, February 26, 1991, January 14, 1992, August 11, 1992, January 11, 1994, and April 26, 1994 be further amended to include the following changes: Section 10. Vacation - An employee who has at least four(4) weeks of accumulated vacation may request up to two (2)weeks' vacation pay in lieu of taking the vacation days. Any request must be made in writing to the Village Administrator. Payments will be made on a quarterly basis(January, April, July and October). AND BE IT FURTHER RESOLVED, that the following section is added. 22. Section 41 (ji NYS Retirement System. The Village of Rye Brook has opted to participate under Section 410), "Allowance for Unused Sick Leave." This Section allows an employee to accumulate up to one hundred sixty-five (165) days as service-credit towards retirement. This benefit applies to employees in all tiers of membership. AND BE IT FURTHER RESOLVED, that the following Section numbers be changed: Section Current Number New Number Deferred Compensation Section 22 Section 23 US Savings Bonds Section 23 Section 24 Termination or Retirement Section 24 Section 25 Disciplinary Action Section 25 Section 26 Employee Assistance Program Section 26 Section 27 9 006171, June 25, 1996 Public Relations Section 27 Section 28 1 Immigration Laws Section 28 Section 29 Professional Development Section 29 Section 30 Sexual Harassment Policy Section 30 Section 31 No Smoking Policy Section 31 Section 32 Family and Medical Leave Act of 1993 Section 32 Section 33 AND BE IT FURTHER RESOLVED, that Section 30, "Professional Development," paragraph 3, be changed to read as follows: Current The Village of Rye Brook will pay $500 towards the membership fee per year for employees who join Therafit, a health, fitness and physical therapy facility located at 4 Gannett Drive, White Plains, New York. It is a Work Hardening Program. The Village will make payment on a reimbursement basis upon completion of each year of membership. An employee must attend Therafit at least three (3) times per month for a twelve consecutive month period. Payment will be upon completion of each year. This membership fee is considered part of Professional Development. Chanee to By approval of the Village Administrator the Village of Rye Brook will pay $500 towards the membership fee per year for employees who join Therafit or any other approved health club. Therafit is a health, fitness and physical therapy facility located at 4 Gannett Drive, White Plains, New York. It is a Work Hardening Program. The Village will make payment on a reimbursement basis upon completion of each year of membership. An employee must attend Therafit or a health club at least three (3) times per month for a twelve consecutive month period. Payment will be made upon completion of each year. The membership fee is considered part of Professional Development. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6. RESOLUTION AUTHORIZING EXTENSION OF THE AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE TOWN OF RYE FOR THE LEASE OF THE HIGHWAY GARAGE BUILDING: On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION NOTIFYING THE TOWN OF RYE THAT THE VILLAGE OF RYE BROOK ELECTS TO EXTEND 10 006172 June 25, 1996 THE HIGHWAY GARAGE LEASE TERM FOR AN ADDITIONAL 15 YEARS I 11 WHEREAS, commencing June 1, 1985, the Village of Rye brook leased the Highway Garage, West William ' Street, from the Town of Rye for a fifteen (15)year term ending May 31, 2000; and WHEREAS, Paragraph 32 of the Lease Rider grants Rye Brook an option to extend the lease as follows: 32. The term of this lease shall be for fifteen years. Said term can be extended for an additional fifteen years at the option of the tenant on the same terms and conditions, provided notice of the tenant's intention to so extend the lease is given in writing on or before ninety(90) days prior to the expiration of the term of the lease; and WHEREAS, it is in the best interests of the Village of Rye Brook to extend this lease. NOW, THEREFORE, BE IT RESOLVED,that the Village of Rye Brook is authorized to give the Town of Rye a notice of intention to extend the Highway Garage lease for an additional fifteen (15)years in accordance Paragraph 32 of the Lease Rider; AND BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7. RESOLUTION ADOPTING AS POLICY THE RULES AND REGULATIONS GOVERNING THE VILLAGE OF RYE BROOK'S AUXILIARY POLICE: Note: Back up will be included as part of the minutes. On the Motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted as amended: RESOLUTION ADOPTING AS POLICY THE VILLAGE OF RYE BROOK AUXILIARY POLICE RULES AND REGULATIONS WHEREAS, the Village of Rye Brook has an Auxiliary Police force comprised of resident volunteers who are organized to assist the Rye Brook Police Force when necessary; and ]1 (}U�i1I.t June 25, 1996 WHEREAS, the Rye Brook Police Department has established Rules and Regulations governing the Auxiliary Police Force, which should be formalized. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees adopts as policy the Rules and Regulations governing the Rye Brook Auxiliary Police Force as promulgated by Police Chief Robert Santoro in his correspondence dated June 4, 1996. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 12 00(317 June 25, 1996 8. AMENDING §240-19.1 OF THE RYE BROOK VILLAGE CODE ON VEHICLES AND TRAFFIC TO ADD WEST STREET TO THE LIST OF STREETS "PARKING PROHIBITED CERTAIN HOURS:" There was discussion on the appropriate hours that should be indicated. The Board members agreed td the following resolution: On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted as amended: RESOLUTION AMENDING§240-19.1 OF THE VEHICLE AND TRAFFIC CODE OF THE VILLAGE OF RYE BROOK TO ADD WEST STREET TO THE LIST OF STREETS "PARKING PROHIBITED CERTAIN HOURS" WHEREAS, the Rye Brook Traffic Commission has recommended that parking be regulated on West Street to facilitate street sweeping. NOW, THEREFORE, BE IT RESOLVED, that the following is added (*)to the areas listed in §240-19.1 in the Rye Brook Village Code, Chapter 240 entitle "Vehicles and Traffic," Article III, §240-19.1, which prohibits parking in specified areas of the village during certain hours: (*Entry should be made after the entry for College Avenue and before the entry for Windsor Road.) Name of Street Side Hours/Days Location West Street west side 7:30 a.m. to 12 noon. From Garibaldi Place Mondays from to Grant Street April 1 to November 1 for Street Sweeping TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9. CHECK REGISTER: On the Motion of Trustee Zuckerman, seconded by Trustee Strum, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified by the Village Administrator: 13 006 zo June 25, 1996 On-Line Checks: 14177-14247 (95-96) 14249-14290 (96-97) Medicare: 14302-14328 Pre Paid: 14084,14085,14173-14175 Payroll Checks: 19773-19882 Environmental: 121 Capital: 2537-2549 NOW, THEREFORE, BE IT RESOLVED,that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 11. UPDATING AND CLARIFYING STREET OPENING REPAIR PROCEDURES: Administrator Russo referred to a memorandum from the Building Inspector regarding concrete road trench repairs and asphalt road trench repairs. He summarized the memo as follows: STREET OPENING TRENCH REPAIRS 1. Trench must be filled with K-krete. Back-filling with K-krete will prevent settlement in the trench area. It will also enable the contractor to prepare final restoration quickly. 2. Concrete roadway must be patched with concrete. The contractor shall saw-cut the concrete to establish a clean, smooth surface. The contractor shall drill and dowel the existing concrete to a depth of twelve (12) inches. The dowel will be installed two (2) feet O.C. The seam between the new concrete and the existing concrete shall be sealed with tar. 3. Asphalt roadway must be patched with asphalt. The contractor shall saw-cut the existing asphalt to a depth of two (2) inches, and a width of twelve (12) inches wider than the trench (on all sides). The contractor shall place four(4) inches of binder-course asphalt and then two (2) inches of top-course asphalt. The seam between the new asphalt and the existing asphalt will be sealed with tar. 4. If a new patch occurs in an existing patch, the entire patch will be removed and replaced. 5. If a major pipeline improvement takes place on any village road, the entire road should be resurfaced upon completion of the pipeline. Trustee Zuckerman requested to know how this would be put into effect being that it is not currently a local law. Administrator Russo replied that the Village, in the past, considered adding this to the Village Code. There was discussion on the what some of the requirements should be, and the Board members agreed that standards should be established in the near future. 14 006176, June 25, 1996 WRITTEN COMMUNICATIONS: 12. MICHAEL L STOLZAR, RE: ON BEHALF OF THE AMERICAN RED CROSS, REQUESTING PERMISSION TO HOLD THE FIFTH ANNUAL AMERICAN RED CROSS THANKSGIVING DAY TURKEY TROT: The Administrator explained that the Village had received a request from Mr. Stolzar to use Village streets for the Fifth Annual American Red Cross Thanksgiving Day Turkey Trot to be held November 28, 1996, 9-11 a.m. Administrator Russo explained the route of the Turkey Trot, and the Board members unanimously agreed to allow the annual Turkey Trot. 13. WILLIAM L. WENDLANDT,ASSESSOR, RE: VILLAGE OF RYE BROOK REDUCTION OF SPECIAL FRANCHISE ASSESSMENTS BY THE NEW YORK STATE BOARD OF REAL PROPERTY SERVICES: Administrator Russo told the Board that the Village received a letter from the Assessor informing the Village that the final special franchise assessments reflect a reduction of approximately $66,000.00 on the Village's Assessment Roll. Therefore, it appears to the Assessor that the Village would most likely have to refund approximately $7,000.00 in taxes to those involved based on the reduction of the special franchise assessments. Mayor Cresenzi announced the next meeting dates: NEXT MEETING DATES: AGENDA MEETING JULY 9, 1996 REGULAR MEETING JULY 23, 1996 The meeting was adjourned at 9:40 p.m. Respectfully submitted; Christopher J. Russo Village Administrator/Clerk 15